So, I woke up about midnight, unable to sleep. Rather than toss and turn, I decided to write a draft response to the FAA NPRM (Notice of Proposed Rule-Making) for Remote ID (and Tracking) of UAS Unmanned Aircraft Systems).
I had planned on reading the NPRM a few more times (I have read it three times now), creating a series of possible responses, and reading a variety of submitted responses before drafting my final response. I may still follow those objectives, but decided to throw out a ‘straw man’ response for later evaluation and consideration. (I rarely accept as final any document I write in the ‘wee hours’ after midnight).
In order to better evaluate my initial response, I decided to publish it here, as sometimes reading what I have already written and published helps me to identify areas for improvement or clarity, and to see more objectively what I have written. Thus I submit to you, Dear Reader, the initial draft of my response to the NPRM. I would greatly appreciate any comments, feedback, or improvement suggestions you would care to share.
Here goes…
Response to FAA Docket 2019-1100 (Remote ID NPRM)
Hello
I am writing in response to the FAA NPRM (Docket # 2109-1100) for Remote UAS ID. I am a veteran and long-time RC modeler and (more recently) UAS pilot. I would like to address some issues and concerns I had when reading the NPRM.
The UAS Remote ID (and Tracking) proposal appears to be based on two valid concerns; NAS safety and NAS security. I would like to address how (for each category) the proposed NPRM could potentially cause more safety and security issues than it solves. I would also like to concurrently suggest some methods which might suit the FAA’s goals and objectives in a better manner than the proposed NPRM does.
- National Security: while visibility of all UAS in the NAS could potentially increase overall awareness of the NAS (and thus potentially, result in increased security), the NPRM as it stands potentially serves to work against national security objectives, to wit:
- The proposed ID method would be effective only if widely adopted and enforced. In the event of widespread non-compliance, the national security goals would be subverted, with more unidentified aircraft in the NAS, and national security agency resources misused or diverted in tracking down non-compliant pilots, instead of focusing on credible and tangible threats to the NAS and national security.
- The rules in regards to amateur-built UAS would virtually force (or at best, likely result in) widespread non-compliance, and thus increase A) national security/NAS lack of safety and B) the number of unregistered and unidentified aircraft in our nation’s skies.
- Due to the nature and flying habits of amateur-built UAS pilots, their needs will not be served by FRIA ‘drone parks’, for the following reasons:
- These FRIA are very limited in number and often at some distance from the majority of potential users
- Amateur-built UAS (especially for FPV and racing applications) require a fairly large amount of space (which FRIA as existing do not provide)
- Forcing this segment of the UAS population into ‘drone parks’ (or drone concentration camps, as the more obstreperous term them) would actually result in less safety, with faster and more agile UAS forced to share space with slower traditional RC aircraft. The potential for conflict (both in the airspace and on the ground) makes this method a safety concern in itself.
- The number and amount of approved FRIA nationwide is insufficient to support the large numbers of amateur-built UAS pilots (for example in my home state of Colorado, with a high number of UAS pilots, there is only one FRIA).
- Allowing the FRIA to be operated only by currently-recognized CBOs (Community-Based Organizations) such as the AMA would result in unfair circumstances, as most of the existing FRIA are designed for (and primarily utilized by) legacy RC model aircraft. The goals and objectives of the two groups (RC modelers and UAS racers) are incompatible, and there is no indication the RC-based AMA sites would willingly A) welcome B) support or C) allow their airspace to be shared with UAS pilots.
- NAS Safety: Addition of commercial UAS delivery services presents an exponentially greater safety threat than the existence of recreational and limited commercial UAS, as currently exists in the NAS.
- Rather than place the burden of compliance with the existing UAS population, I would suggest the responsibility should be placed more squarely on that segment of the UAS population which wishes to merge with the existing aircraft (for their own profit); e.g., those multinational corporations seeking to do business in the NAS of the United States by providing UAS-based delivery services and other related services
- Rather than basing the NPRM on future technologies (such as 5-G wireless, a pre-requisite for such plans) and undeveloped technologies such as ACAS (Aircraft Collision and Avoidance Systems) for UAS, I suggest that those who wish to enter the NAS safely for commercial profit should be required to demonstrate to the FAA technologies that can be implemented now, instead of at a future date, when notional new technologies become available
Additional areas of concern become obvious as I consider this issue further, and generally fall into two categories; legal issues and civil rights issues. I’ll address each separately.
Legal Issues:
- Forcing a Remote ID requirement on individual pilots presents a case of virtual mass surveillance, illegal per existing United States law. (50USC1801, Mass Collection of Data)
- Specifically ‘targeting’ a segment of the population for mass surveillance (whether forced or voluntary) presents a civil right concern, and places the FAA in the undesirable position of being seen as an enforcer of unfair, unjust, or ‘bad’ laws , instead of as a neutral enforcer of and advocate for laws, rules, and regulations that simultaneously promote airline safety and national security, while preserving the legal and civil rights of the population
Civil Rights Issues:
- Segregation of the population by pastime (or business) is illegal as well as inadvisable from a common-sense standpoint.
- Allowing ‘corporate citizens’ to have priority over the needs and goals of actual individual citizens in unconscionable at best and most likely illegal. It is contradictory to the best traditions of the FAA.
Note the designation of certain groups for limited access to the NAS effectively outlaws members of those groups, creating outlaws from what were once basically honest citizens. The cost for enforcing such exclusionary laws would have a large impact on the A) national budget B) constraints under which the national security and law enforcement organizations already operate, and C) make distinction between ordinarily honest citizens disobeying exclusionary laws and ‘bad actors’ with no love or respect for the United States, its laws, or aviation in general difficult at best.
The effect of draconian laws targeting specific groups of individuals on national cohesiveness, the economy, and social issues too numerous to define can be seen by the US ‘war on drugs’, which has taken such a high toll and resulted in such a high national cost, both in health, money, and law enforcement resources. Any time in our national history where we have targeted a distinct group of citizens, the results have been bad and the associated costs high.
Suggested Alternatives
Airspace segregation
By segregating the NAS (or at least high-density population areas and projected delivery routes) much of the potential for airspace contention and collision would be avoided.
Dedicating such segregated airspace would require re-definition of airspace (a task well within the capabilities and purview of the FAA, and one easily accomplished).
By segregating a portion of the existing airspace (and an additional component), the altitudes between (for example) 300 and 500’ AGL could be reserved for UAS delivery routes. The airspace between 0 and 300’ AGL could be dedicated for recreational UAS, and for commercial and emergency UAS services which require access to such space. This would leave only vertical corridors to and from launch and delivery sites as potential areas of contention.
The vertical corridors for launch and landing of delivery UAS could be negotiated by a number of techniques, among them:
TFR (Temporary Flight Restriction) could be activated just prior to use of the intended vertical delivery corridor
Advisory signaling from delivery craft prior to ascent or descent from these corridors could be sent either electronically, visually, audibly, or a combination of techniques, as deemed appropriate for the intended corridor
Real-time (or NRT) location of delivery UAS, through a mechanism similar to Flight Aware, could be available to all recreational pilots, or even consolidated into their flight control display (as advisories) or flight control system (as temporary or permanent ‘geo-fences’)
Limitation of Remote ID requirements
Limiting the Remote ID and Tracking of UAS to high population density areas and to potential delivery routes for commercial UAS would serve the FAA’s safety goals and still allow access to a large portion of the NAS for more limited commercial and ongoing recreational UAS flight operations.
Implement Broadcast ID Requirements Only
Using only the broadcast ID technique would A) ease and accelerate implementation, as it could be accomplished relatively easily, B) have the added benefit of integrating existing UAS into the Remote ID ‘ecosystem’
Suggested Interim Measures
The immediacy ascribed to this NPRM is felt only by the multinational corporations who stand to make huge profits by quickly implementing UAS-based delivery services in our NAS. I would suggest it behooves the FAA, the wider UAS pilot population, and the nation in general to take adequate time to fully consider the issues and alternatives more fully, and implement them in stages, as the technology and techniques become available and are sufficiently tested for integration into the NAS.
Using the United States NAS as a ‘test bed’ for implementation of commercial profit-making schemes does not serve national security, aircraft safety, or good common sense. Thus, I suggest the following:
1. Allow the proposed methods to be tested elsewhere, while the FAA evaluates the effect and advisability of such proposed money-making schemes on the NAS
2. Institute a moratorium on further regulation-making, until a public meeting can be held to discuss and evaluate the issue in more depth
3. Include the UAS recreational pilots in the dialogue (both legacy RC pilots, FPV/Racing pilots, and recreational ‘camera drone’ pilots)
- Avoid considering legacy groups such as the AMA to represent the general population (sales figures alone demonstrate how the UAS pilot population far exceeds that of RC modelers, and thus representation should be based more towards UAS pilots, than towards RC modelers, as is the current situation)
Summary:
I propose a solution based on cooperation, not contention between stakeholders. The NPRM (as it stands) reflects only the concerns and objectives of commercial and national security interests, not of the general UAS pilot population. It is understandable that the NPRM reflects as it does, having only received limited input, and primarily from the parties to whom the NPRM appears to cater to.
I suggest consideration of the legitimate concerns of the primary stakeholders (the actual UAS pilots) will result in a more balanced, effective solution to the challenge of A) providing a viable method for UAS ID, registration, and tracking and B) effecting a solution which meets the needs and concerns of the national security and law enforcement stakeholders, as well as those of commercial and recreational stakeholders.
As written, the proposed NPRM is biased towards commercial interests, and reflects a solution only acceptable to them. Consideration and implementation of improved solutions will result in wider acceptance of (and compliance with) the proposed rules, as well as increased NAS safety and national security.
Thank you for your time and consideration in this matter, and please allow me to say thank you for your service to our nation and national airspace.
Regards,
Mark F. Mullen
oneyoga@live.com














